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The legal institution of praefectio until 1526, with special attention to the home policy of the Angevines in Hungary: a research in progress

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DataCite Commons2024-11-05 更新2025-04-16 收录
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http://siba-ese.unisalento.it/index.php/quadernilupiensi/article/view/29574/24183
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With the extinction of the Arpad-Dynasty, began the power-struggle within the Kingdom of Hungary, which were finally won by Charles I. After his coronation he strove to consolidate his ascendance – mostly because of the reflamed civil wars –, and as a result of them, an extraordinary and exceptional legal institution, the praefectio was brought into life to strengthens his own and his follower's power. In essence praefectio means, when a noble family comes to defectus seminis, the father has the right to designate his daughter as successor, moreover, successor like mankind. To legitimate this momentum, the permission of the sovereign was needed, otherwise if defectus seminis happens, the bona hereditaria must fall upon the Holy Crown. We can set forth, that the praefectio has a kind of dual nature: real royal donation (donatio regis), and also an inheritance institution. Charles I has used this option only once, even so it mediated a strong political message to his nobles: only he, the king possesses legitimacy and effective ascendancy in the country. His offspring, Lewis I has recognized the praefectio's inherent opportunities, and used it regularly. The Angevines clearly favoured their most loyal nobles with the institution, and through this, their own position. According to this fact, we can draw the inference, that the praefectio was an outstanding advance to enforce the royal home policy.
提供机构:
University of Salento
创建时间:
2024-11-05
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